MEDICAL PRACTITIONERS, PHARMACISTS, MIDWIVES, AND NURSES

(1) The College Council is a body corporate by the name and style of “The Council of the Ceylon Medical College”, having perpetual succession, a common seal, and power to acquire and hold land and other property, and consists of-

(2) The Minister may at any time nominate any person to be a member of the College Council in place of any Professor referred to in paragraphs (c), (d), (e), (f) and (g) respectively of subsection (1).

(3) A nominated member of the College Council holds office for three years unless he previously resigns or his appointment is revoked by the Minister, and shall be eligible for renomination.

(4) If any member of the College Council leaves Sri Lanka without the intention of returning thereto, or is absent from Sri Lanka for more than six consecutive months, he shall thereupon cease to be a member.

(5) The Minister may appoint and revoke the appointment of any person to be a temporary nominated member in the place of any nominated member being temporarily absent, or ill, or unable, or unwilling to act.

(1) Subject to any regulations for the time being in force, the College Council may confer on persons who have passed the prescribed examinations and fulfilled the prescribed conditions-

(2) Any person on whom any diploma or certificate has been conferred under subsection (1) may be deprived of such diploma or certificate by the College Council in such circumstances and in accordance with such procedure as may be prescribed.

(1) Where any lecturers or other teachers are necessary for the purposes of any course of study not provided by the University of Ceylon, such lecturers or teachers may be appointed by the College Council. Examiners may in like manner be appointed by the College Council whenever necessary.

(2) There may also he appointed such officers and servants of the College, as may be necessary.

(a) the mode and time of convening the meetings of the College Council and of transacting business thereat;

(b) the duties of professors, lecturers, examiners, officers, and servants;

(c) the previous course of instruction to be followed by candidates for the examinations of the College;

(d) the maintenance of good order and discipline among students of the College or persons attending the examinations or lectures of the College, and the exclusion from such lectures and examinations of students or persons contravening such regulations;

(e) the examinations to be passed and the other conditions to be fulfilled by candidates for diplomas and certificates;

(f) the fees to be charged under this Part;

(g) the keeping of accounts of the income and expenditure of the College;

(h) generally all matters relating to the College.

(1) The Medical Council shall be a body corporate by the name and style of the “Sri Lanka Medical Council” (hereinafter referred to as the “Medical Council”) having perpetual succession, and a common seal with power to sue and to be sued in such name and to acquire and hold property movable and immovable and shall consist of-

(2) A vice-president shall be elected from among the members of the Medical Council, by the Medical Council.

(3) The Medical Council shall perform the duties imposed on it by this Ordinance, and may make representations to the Government on any matter connected with the medical profession in Sri Lanka.

(4) No person registered under this Ordinance, shall be entitled to vote at an election referred to in paragraphs (c), (d) or (e) of subsection (1), if according to the registers kept under the provisions of the Ordinance he is not resident in Sri Lanka at the time of such election.

(a) on sending his resignation in writing to the president or registrar;

(b) on his absence without excuse sufficient in the opinion of the Medical Council from three consecutive meetings of the Medical Council;

(c) on his absence from Sri Lanka for twelve consecutive months;

(d) on erasure of his name from a register;

(e) on his being declared an insolvent or bankrupt by any competent court;

(f) on expiry of his term of office.

(1) The Medical Council shall appoint a registrar, who shall act as secretary of the Medical Council and also as treasurer, unless the Medical Council shall appoint another person as ‘ treasurer and may appoint an assistant registrar who shall assist the registrar in the performance of his duties under this Ordinance.

(2) The Medical Council may also employ such other persons as it may deem necessary for the purposes of this Ordinance.

(3) All persons appointed or employed under this section shall be deemed to be public officers within the meaning of section 19 of the Penal Code.

(1) Every order or decision of the Medical Council under this Ordinance shall be subject to appeal to the Minister whose decision shall be final.

(2) The Medical Council and the registrar shall give all information which may be required by the Minister for the purposes of any such appeals.

(a) the election of members to the Medical Council and of the vice-president;

(b) the procedure at meetings of the Medical Council, including the quorum;

(c) the appointment, suspension, removal, duties, and remuneration of officers and servants of the Medical Council;

(d) the keeping of the accounts of the receipts and expenses in carrying out the provisions of this Ordinance, and the auditing of such accounts;

(e) the maintenance of minimum standards of medical education including standards relating to courses of study, examinations, staff, equipment, accommodation, training and other facilities at the universities and other institutions which grant or confer any qualification which entitles a person to obtain registration under this Ordinance;

(f) the maintenance of minimum standards of post-graduate medical education at universities and other institutions.

(1) Any person authorized in writing by the Medical Council may, after giving not less than two weeks’ notice in writing, enter a recognized university or institution and make such examinations and investigations thereon and such inquiries of the members of the relevant faculty, as may be necessary for the purpose of ascertaining whether-

(2) The Vice-Chancellor or Head of a recognized university or institution and the members of the relevant faculty shall afford all such facilities as may be required by the person referred to in subsection (1) for the purpose of making all such examinations, investigations and inquiries as are referred to in that subsection.

(3) Where any person authorized by the Medical Council under subsection (1) makes any such examination, investigation or inquiry as is referred to in that subsection he shall make a report of his findings to the Council.

(4) Every person authorized by the Medical Council under subsection (1) and exercising the powers conferred on such person by that subsection shall be deemed to be a public officer within the meaning of the Penal Code.

(1) Where the Medical Council is satisfied, on a report made to it under subsection (3) of section 19A or any information furnished to it under section 19B that the courses of study provided by a recognized university or institution leading to the grant or conferment of a medical qualification or the degree of proficiency required by such university or institution at any examination held for the grant or conferment of any such qualification or that the staff, accommodation and equipment provided by such university or institution for the purpose of such course of study, do not conform to the prescribed standards it may recommend to the Minister that such qualification shall not be recognized for the purpose of registration under this Ordinance.

(2) Upon receipt of a recommendation under subsection (1) in respect of a recognized university or institution, the Minister shall send a copy of such recommendation to such university or institution and invite it to make its comments thereon within a specified period.

(3) Where the Minister is satisfied, after examining the comments, if any, made under subsection (2) by a university or institution and after making such further inquiry as he considers necessary that-

(1) The Minister may on receipt of a complaint in that behalf, direct any person to inquire into the affairs of the Medical Council and the performance by it, of its duties under this Ordinance.

(2) Where such inquiry as is referred to in subsection (1) is held, every member of the Medical Council, and every member of the staff of the Medical Council shall upon being requested to do so by the person holding the inquiry, furnish such information within his knowledge with regard to the work and affairs of the Medical Council and produce such registers or documents in his custody, as that person may require.

(1) The registrar shall, in accordance with the provisions of this Ordinance, keep the following registers substantially in the form contained in the First Schedule, namely-

(2) No person under the age of twenty-one years shall be registered.

(3) A person who is not a citizen of Sri Lanka shall not be registered except with the approval of the President on recommendation of the Minister.

(4) The registrar shall enter in the appropriate register the name of every person who proves his claim to be registered, and shall report the name of every such person to the Medical Council at its next meeting.

(5) The registrar shall enter in a separate part of the register mentioned in paragraph (a) of subsection (1) the name of every person who proves his claim to be provisionally registered as a medical practitioner under subsection (2) of section 29, and, if that person is registered thereafter as a medical practitioner under subsection (1) of that section, the registrar shall strike off the name of that person from such part of the aforesaid register, as contains the names of persons provisionally registered as medical practitioners.

(5A) The registrar shall enter in a separate part of the appropriate register kept under subsection (1) the name of any person whose application for registration as a medical practitioner, dentist or nurse is allowed by the Medical Council under section 67 A and, if such person leaves Sri Lanka, shall strike off his name from the register.

(5B) The registrar shall enter in a separate part of the register maintained under paragraph (a) of subsection (1) the name of every person who has been registered as a medical practitioner under sub-paragraph (iv) of paragraph (b) of subsection (1) of section 29.

(6) An applicant for registration shall deliver to the registrar the appropriate declarations required by the Schedules which shall be declared before a Justice of the Peace or a Commissioner for Oaths, and such other evidence of his right to be registered as the registrar may require. *(* Subsection (8) is repealed by section 12 of Act No- 30 of 1987. )

(7) The registrar may refer any case of doubt or difficulty to the Medical Council.

(1) Whenever any person registered under this Ordinance changes his residence he shall forthwith notify his new address to the registrar, who shall enter it in the register.

(2) The registrar may send a letter by registered post to any registered person addressed to him according to his address in the register to inquire whether he has changed his residence, and if he does not receive an answer to such letter within six months of the sending thereof, he may erase from the register the name of such person: Provided always that the same shall be restored at the request of the Medical Council.

(1) Any person registered under this Ordinance who may obtain any degree or qualification other than the degree or qualification in respect of which he is registered may cause such other degree or qualification to be inserted in the register, in addition to the degree or qualification already registered.

(2) The fee for insertion shall be ten rupees for each degree or qualification.

(1) The Medical Council may, if it thinks fit-

(2) Before making an order under subsection (1) (a), the Medical Council shall give the person affected an opportunity of showing cause why the order should not be made, and for that purpose permit him to be represented or assisted by his legal adviser or advisers.

(3) At any proceedings against a person under this section, the Medical Council may employ the services of-

(1) The Registrar shall keep each register correct and up to date in accordance with this Ordinance, and shall cancel in the register the name of any person who has died.

(2) The registrar shall, by and in accordance with the orders of the Medical Council, erase any entry from, or correct any entry in, a register when such entry is proved to the satisfaction of the Medical Council to have been fraudulently or incorrectly made, and shall enter in the register and sign the reason for every erasure or correction.

(1) The Minister may require persons registered under this Ordinance to renew their registration at prescribed intervals and on payment of the prescribed fee.

(2) Different intervals and different fees may be prescribed in respect of different categories of persons registered under this Ordinance.

(3) The Medical Council may erase from the appropriate register, the name of any person who fails to renew his registration before the expiry of the period prescribed for the category to which such person belongs.

(4) Any person whose name has been erased from a register under subsection (3) shall be entitled to have his name restored to such register on payment of the prescribed fee if he continues to hold the qualification on the faith of which he was first registered in such register.

(1) In all proceedings, whether civil or criminal-

(2) For the purposes of this section, no proof need be given, unless the court otherwise requires, of the signature of the registrar to any such copy, extract, or certificate, or of his appointment as registrar.

(1) A person shall, upon application made in that behalf to the Medical Council, be registered as a medical practitioner-

(2) For the purposes only of enabling the acquirement of such experiences as is required for obtaining from the Medical Council, a certificate under section 32, a person shall, upon application made in that behalf to the Medical Council, be registered provisionally as a medical practitioner-

(3) The fee for registration, or provisional registration, as a medical practitioner shall be fifty rupees and it shall be paid to the registrar on application for registration.

(4) A person who has paid the fee for his provisional registration as a medical practitioner shall not be required to pay any fee for his subsequent registration as a medical practitioner.

(1) Where a person, who is provisionally registered Certificate of as a medical practitioner applies to the Medical Council for a certificate under this section and such Council is satisfied that he-

(2) Where a person who is provisionally registered as a medical practitioner has, during his employment as mentioned in subsection (1), been engaged in the practice of midwifery for any period not exceeding the prescribed period, such period spent in the practice of midwifery shall, for the purposes of paragraph (b) of subsection (1), be deemed to be a period spent in the practice of medicine or a period spent in the practice of surgery as he may elect,

(3) Where an applicant to the Medical Council for a certificate under this section has, during his employment as mentioned in subsection (1), been engaged in the practice of either surgery or midwifery or both surgery and midwifery, the period of that employment shall, in order to compute the period of his practice of medicine and the period of his practice of surgery for the purposes of paragraph (b) of subsection (1), be apportioned in such manner as may be determined by the Medical Council.

(4) Where a person who is provisionally registered as a medical practitioner applies to the Medical Council for a direction under this subsection and satisfies such Council that, by reason of lasting physical disability, he will be or has been prevented from entering upon or completing the period of experience of the practice of surgery or midwifery required for the purposes of any of the preceding provisions of this section, such Council may direct that, in lieu of the period which as aforesaid he will be or has been prevented from entering upon or in lieu of the balance of the period which as aforesaid he will be or has been prevented from completing, he may count for those purposes an equal period of experience of the practice of medicine during his employment as mentioned in subsection (1) which is in addition to the period of experience of the practice of medicine required for the purposes of paragraph (b) of subsection (1).

(5) Where a person is provisionally registered as a medical practitioner is, in accordance with the terms of his employment in a prescribed hospital or institution, residing conveniently near that hospital or institution, his employment in that hospital or institution shall be deemed to be employment in a resident medical capacity notwithstanding that his residence is not in that hospital or institution.

(6) Any person who holds a degree specified in subsection (1) of section 29 and has been employed in a resident medical capacity in one or more hospitals or institutions within Sri Lanka or outside Sri Lanka for the prescribed period may be granted a certificate under this section by the Council, notwithstanding the fact that such person is not provisionally registered as a medical practitioner, if the Council is satisfied that such person has, during his employment, been engaged in such practice of medicine, surgery or midwifery as is required by this section.

(b) he is deprived of any diploma, degree or certificate on the faith of which he was registered as a medical practitioner;

(c) he is convicted of an offence which shows him to be unfit to practise as a medical practitioner; or

(d) he is convicted under section 49 (c), (d), or (e) of the Births and Deaths Registration Ordinance or under section 68 (1) (c), (d) or (e) of the Births and Deaths Registration Act, or, while acting as a registrar under that Ordinance or as a registrar or deputy registrar under that Act, of dishonestly registering or aiding or abetting the registration of a false cause of death; or

(e) he is guilty of infamous conduct in any professional respect.

(a) to practise medicine, surgery and midwifery for the purposes only of such employment as is mentioned in subsection (1) of section 32,

(b) to recover in a court of law such remuneration or charges as he may be entitled to under the terms of such employment,

(c) to sign and issue any such certificate as is referred to in section 37 in respect of any patient treated by him in the course of such employment, and

(d) to use any name or title implying a qualification to practise medicine, surgery and midwifery , but shall not be entitled to any of the other rights, privileges or immunities of a medical practitioner registered under subsection (1) of section 29.

(1) Nothing in this Ordinance shall make it unlawful for any of the following persons to practise medicine and surgery for gain or prevent him from recovering his charges for services rendered or medicine or goods supplied by him in the course of his practice, namely-

(2) Any Government apothecary, whether he is in the service of the Government or has ceased to be in such service, may, on production of a certificate from the Director- General of Health Service to the effect that he-

The registrar shall maintain a register of the persons registered under this subsection and erase therefrom the name of any person ordered to be erased by the Medical Council under subsection (3) of this section. A certificate under this subsection may be issued to a Government apothecary who has been guilty of misconduct if the Director-General of Health Services is satisfied that such apothecary has, since such misconduct, been of good conduct for such period of time as the Director-General considers reasonable. For the purposes of this subsection and subsection (2A) “public service” includes service under a corporation, the capital of which is wholly or partly provided by the Government.

(2A)

(2B)

(2BB)

(2C) Any estate dispenser whether he is employed on an estate or group of estates or ceased to be so employed may, on furnishing proof to the satisfaction of the Director-General of Health Services that –

(3) Provided that where it is shown to the satisfaction of the Medical Council that any person being an apothecary entitled to practise medicine and surgery under subsection (1) (b) or under subsection (1) (c) or under subsection (1) (cc) or under subsection (1) (ccc) or any estate apothecary entitled to practise medicine and surgery under subsection (1) (cc) or any estate dispenser entitled to practise medicine and surgery under subsection (1) (e) has been guilty of inefficiency or negligence in the treatment of a patient or has been guilty of conduct which shows him to be unfit to practise medicine and surgery, the Medical Council may make an order that such person be suspended from the privileges and immunities conferred on him by this section either permanently or during the period specified in the order, and where the circumstances of the case 80 require an order that the name of any person be erased from the register of apothecaries maintained as the case may be, under subsection (2) or subsection (2A) or subsection (2B) or an order that the name of any person be erased from the register of estate dispensers maintained under subsection (2c).

(4) Every order under subsection (3) shall be published in the Gazette.

(1) NO person shall be registered as a dentist unless he dentist is of goof character and holds a degree or diploma in dentistry conferred or granted by the University of Ceylon or a corresponding university or by a Degree Awarding Institute.

(1A) Notwithstanding the provisions of subsection (1) a person who is not qualified to be registered as a dentist under that subsection may, if he-

(2) The fee for registration of a dentist shall be fifty rupees payable on application to the registrar.

(3) Notwithstanding anything in this Ordinance, the following provisions shall have effect, that is to say:-

(b) he is deprived of any diploma, degree or certificate on the faith or which he was registered as a dentist;

(c) he is convicted of an offence which shows him to be unfit to practise as a dentist; or

(d) he is guilty of infamous conduct in any professional respect.

(1) No person, not being a dentist, shall-

(2) For the purposes of this Ordinance, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion, or fixing of artificial teeth shall be deemed to have practised dentistry within the meaning of this Ordinance.

(3) Nothing in this section shall operate to prevent-

(4)

(1) Any person who at the commencement of this Ordinance holds a special licence issued under section 20 of the Dentists Registration Ordinance, No. 3 of 1915,* shall be entitled to practise dentistry and dental surgery in the same manner as a dentist, and shall (with the necessary modifications) have the same rights and immunities and be subject to the same liabilities and penalties as a dentist: Provided that no such person shall use any other title or designation than that of “Licensed Dentist”.

(2) Any such licence may be revoked by the Medical Council on any ground for which the name of a dentist can be erased from the register of dentists.

(3) The registrar shall, as soon as may be after the first day of January in each year, cause a list of all persons holding such licences on such first day of January to be published in the Gazette.

(1) No person shall be registered as a midwife unless she is a woman of good character and either-

(2) The fee for registration as a midwife shall be five rupees payable to the registrar on application

(b) she is deprived of any diploma, degree, or certificate, on the faith of which she was registered as a midwife; or

(c) she is convicted of an offence which shows her to be unfit to practise as a midwife; or

(d) she shows such negligence or incapacity as a midwife that she cannot be safely allowed to continue to practise as such.

(1) Every midwife shall be entitled to designate herself as a registered midwife and to practise as a midwife.

(2) No person, not being a midwife, shall take or use the name or title of registered or licensed midwife, or any name, words, title, or description implying or tending to the belief that she is a midwife registered under this Ordinance or by any act or omission internationally cause or permit any person to believe that she is a registered midwife and to act upon such belief.

(1) No woman, not being a midwife or a medical practitioner, shall-

(2) This section applies only to an area to which it is applied by regulation.

(3) A regulation under this section shall not come into operation until the date specified in the regulation, such date being not less than three months from the date of publication of the regulation in the Gazette.

(1) No person shall be registered as a pharmacist, unless he is of good character and-

(2) The fee for registration as a pharmacist shall be payable to the registrar on application for registration, and shall be twenty-five rupees for registration under subsection (1) (a) or (b) and ten rupees for registration under subsection (1) (c) or (d). But no fee shall be payable by an apothecary if he is still in the service of the Government.

(3) No medical practitioner shall be registered as a pharmacist.

(4) If any pharmacist is registered as a medical practitioner, his name shall forthwith be removed from the register of pharmacists.

(b) he is deprived of any diploma, degree or certificate, on the faith of which he was registered as a pharmacist; or

(c) he is convicted of an offence which shows him to be un- fit to practise as a pharmacist; or

(d) he shows such negligence or incapacity as a pharmacist that he cannot be safely allowed to continue to practise as such.

(1)The register of para-medical assistants maintained under paragraph if) of subsection (1) of section 20 shall be divided into separate parts as follows:-

(2) The fee for registration as a para-medical assistant shall be payable to the registrar on application for registration and shall be two hundred and fifty rupees.

(a) (b) (c) and id) repealed

(e)A person shall be qualified to be admitted to the register of para-medical assistants as an electrocardiograph recordist, if he is of good character and holds a certificate of proficiency as an electrocardiograph recordist issued by the College Council.

(f) A person shall be qualified to be admitted to the register of para-medical assistants as an audiologist if he is of good character and holds a certificate of proficiency as an audiologist issued by the College Council.

(g) A person shall be qualified to be admitted to the register of para-medical assistants as a clinical physiologist if he is of good character and holds a certificate of proficiency as a clinical physiologist issued by the College Council.

(h) A person shall be qualified to be admitted to the register of para-medical assistants as a speech therapist if he is of good character and holds a certificate of proficiency as a speech therapist issued by the College Council.

(i) A person shall be qualified to be admitted to the register of para-medical assistants as a chiropodist if he is of good character and holds a certificate of proficiency as a chiropodist issued by the College Council.

(j) A person shall be qualified to be admitted to the register of para-medical assistants as a dietitian if he is of good character and holds a certificate of proficiency as a dietitian issued by the College Council.

(k) A person shall be qualified to be admitted to the register of para-medical assistants as an ophthalmic auxiliary if he is of good character and holds a certificate of proficiency as an ophthalmic auxiliary issued by the College Council.

(l) A person shall be qualified to be admitted to the register of para-medical assistants as an electroencephalograph recordist if he is of good character and holds a certificate as an electroencephalograph recordist issued by the College Council.

(m) A person shall be qualified to be admitted to the register of para-medical assistants as a nutritionist if he is of good character and holds a certificate as a nutritionist issued by the College Council.

(n) A person shall be qualified to be admitted to the register of para-medical assistants as a clinical psychologist if he is of good character and holds a certificate as a clinical psychologist issued by the College Council.

(a) he is deprived of any certificate on the faith of which he was registered as a para-medical assistant; or

(b) he is convicted of an offence which shows him to be unfit to practise as a para-medical assistant; or

(c) he shows such negligence or incapacity as a para-medical assistant that he cannot safely be allowed to practise as such ; or

(d) he is guilty of infamous conduct in any professional respect.

(1) No person, not being a registered para-medical assistant, shall use any name , title or description implying that A para-medical he is registered under this Ordinance as a registered para-medical assistant.

(2) No person whose name is included in any part of the register of para-medical assistants shall use any name, title or description or otherwise do any act of any kind, implying that the name of such person is included in some other part of that register in which it is not in fact so included.

(1) The register of persons registered as members of a profession supplementary to medicine under paragraph (ee) of subsection (1) of section 20 shall consist of several parts as ment to follows :-

(2) The fee for registration, as a member of a profession supplementary to medicine shall be payable to the registrar on application for registration Qualification for admission to register of members of professions

(1)

(2) Notwithstanding anything in subsection (1), a person admitted to the register of Para-medical Assistants, as a radiographer, medical laboratory technologist, physiotherapist or an occupational therapist, as the case may be, and whose registration is in force on the day preceding the date on which this section comes into operation, shall, with effect from the date on which this section has come into operation, be deemed to be admitted to the register of members of a profession supplementary to medicine as a radiographer, medical laboratory technologist, physiotherapist or occupational therapist, as the case may be.

(a) he is deprived of any certificate on the faith of which he was registered as a member of a profession supplementary to medicine; or

(b) he is convicted of an offence which shows him to be unfit to practice as a member of a profession supplementary to medicine; or

(c) he shows such negligence or incapacity as a member of a profession supplementary to medicine that he cannot safely be allowed to practice as such; or

(d) he is guilty of infamous conduct in any professional respect. pretence to be a member of

(1) No person, not being a registered member of a Unlawful profession supplementary to medicine, shall use any name, title or description implying that he is registered under this Ordinance as a registered member of a profession supplementary to medicine.

(2) No person whose name is included in any part of the register of members of a profession supplementary to medicine shall use any name, title or description or otherwise do any act of any kind implying that the name of such person is included in some other part of that register in which it is not in fact so included.

(1) There shall, for the purposes of this Part, be an advisory board consisting of-

(2) The Minister shall nominate one of the persons appointed by him under subsection (1) to be the chairman of the advisory board.

(3) It shall be the function of the advisory board to make recommendation to the Medical Council or the College Council on such matters relating to the administration of this Part of this Ordinance as may from time to time be referred to the board for advice or as may, in the opinion of the board, require consideration by any such Council; and the Medical Council or the College Council shall give due consideration to the recommendations of the board.

(4) Regulations may be made providing for the procedure to be followed at meetings of the advisory board. Subject to the provisions of any such regulation, the board may regulate its own procedure.

(5) Every member of the advisory board shall, unless he earlier vacates his office by resignation or revocation of appointment, hold office for a period of two years from the date of the election or appointment of such member.

(1) The register of nurses maintained under subsection (1) of section 20 shall be divided into separate parts as follows :-

(2) Regulations may be made providing for the maintenance of additional parts in the register of nurses, and prescribing the conditions of admission to any such additional part.

(3) The name of any person entitled to be registered in more than one part of the register may be registered accordingly.

(1) The conditions of admission to the register as a general nurse shall be that the applicant holds a certificate of efficiency as a nurse issued by the College Council or by the *(* Reference to Director-General of Health Services shall be deemed to include a reference to Director-General of Teaching Hospitals – See section 38 of Act No. 30 of 1987)Director-General of Health Services.

(2) The conditions of admission to the register as a public health nurse shall be that the applicant is a female and holds the following certificates, that is to say –

(3) The conditions of admission to Part E of the register shall be-

(4) Notwithstanding anything in the preceding provisions of this section, no applicant shall be registered under this Ordinance as a nurse except upon payment to the registrar of a fee of ten rupees: Provided, however, that in the case of a person who is to be registered (whether at the same time or at different times) in more than one part of the register, the fee for registration in any second or subsequent part shall be five rupees.

(b) if that person is deprived of any diploma, degree, or certificate on the faith of which that person was registered as a nurse; or

(c) if that person is convicted of an offence which is punishable with imprisonment and which shows that person to be unfit to practise as a nurse; or

(d) if that person is of a character or has been guilty of conduct unbefitting the profession of a nurse; or

(e) if, by reason of negligence or incapacity as a nurse, that person cannot be safely allowed to continue to practise as such.

(1) No person, not being a registered nurse, shall –

(2) No person whose name is included in any part of the register of nurses shall use any name, title, addition, description, uniform or badge, or otherwise do any act of any kind, implying that the name of such person is also included in some other part of that register in which it is not in fact so included.

(3) No person shall, with intent to deceive, make use of any certificate of registration as a nurse which has been issued to any other person

(a) practise or profess to practise nursing for gain, or publish his or her name as practising nursing; or

(b) be entitled to recover any charge in any court for services rendered as a nurse.

(a) he is possessed of sufficient knowledge and skill for efficient practice as a medical practitioner, dentist or nurse; and

(b) his application for registration is recommended by the Secretary to the Ministry of the Minister, the Director General of Health Services or by a dean of a faculty of Medicine of a University established, or deemed to have been established, under the Universities Act, No. 16 of 1978.

(1) Notwithstanding anything to the contrary in the Code of Criminal Procedure Act, No. 15 of 1979, every offence under this Ordinance, shall be a cognizable offence. within the meaning, and for the purpose, of that Act.

(2) The Minister may appoint in writing any Regional Director of Health Services or any Medical Officer of Health Services to be an authorised officer for the purposes of this section.

(3) Every authorized officer appointed under subsection (2) shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, for the purpose of exercising, in relation to any offence under this Ordinance, any power conferred upon a peace officer by that Act.

(1) On the conviction of any person for an offence under this Ordinance, the Court may order that any article or [§9,40 of 1998] substance in connection with which the offence was committed, or used in, or in connection with the commission of such offence shall be forfeited to the State.

(2) Any property forfeited to the State by an order made under subsection (1), shall vest absolutely in the State. Such vesting shall take effect –

(1) Subject to the provisions of the following subsections, the Minister may make regulations for the purposes specified in sections 11,19 and 55 and generally for the purpose of giving effect to the principles and provisions of this Ordinance.

(2) Before making any regulation for any purpose specified in section 11 the Minister shall consult the College Council.

(3) Before making any regulation for any purpose specified in section 19 or section 55, the Minister shall consult the Medical Council. Draft regulations under section 19 (e) and (f) shall be sent to every university or institution which grants or confers any qualification which entitles a person to obtain registration under this Ordinance, for its comments and the Minister shall take into consideration the comments made by such university or institution and submitted to him within a period of three months calculated from the date on which such university of institution receives those draft regulations.

(4) No regulation shall have effect until it has been approved by Parliament. Notification of such approval shall be published in the Gazette; and upon such publication, the regulation to which the notification relates shall be as valid and effectual as though it were herein enacted.

(a) all fees payable under Parts IV,V, VI, VII, VIII, VIIIA and IX of this Ordinance;

(b) annually from the Consolidated Fund, such sums as may be voted by Parliament for the purposes of this Ordinance.

“*(*. See also section 74A. The definitions of “Dentists Acts” and “Medical Acts” omitted by section 37 of Act No. 30 of 1987. )apothecary” means a person on whom a certificate of efficiency as an apothecary has been conferred by the College Council under section 7 (1) (b) ;

“corresponding university” in relation to the University of Ceylon means –

“Degree Awarding Institute” has the same meaning as in the Universities Act, No. 16 of 1978 ;

” dentist” means a person registered as a dentist under this Ordinance ;

“dispensing” includes compounding; [§8.16 of 1965]”estate apothecary” means a person on whom a certificate of efficiency as an estate apothecary has been conferred by the College Council under section 7 (1) (bb);

“medical practitioner” means a person registered as a medical practitioner under this Ordinance ;

“midwife” means a woman registered as a midwife under this Ordinance ; *(*. The definition of “Midwives Acts” omitted by section 37 of Act No. 30 of 1987. The definition of “Pharmacy Acts” repealed by section 6 of Act No. 23 of 1985.

The definition of “vederala” deleted due to repeal of section 40 by Act No. 31 of 1961.)

“pharmacist” means a person registered as a pharmacist under this Ordinance; “prescribed” means prescribed by regulation;

“registrar” means the registrar of the Medical Council and includes the acting registrar;

“register” means a register kept under the provisions of this Ordinance;

“registered nurse” means a person for the time being registered under this Ordinance;

“regulation” means a regulation made under this Ordinance;

“University of Ceylon” means the University of Ceylon established by the University of Ceylon Ordinance.